Berry & Anor v IBS-STL (UK) Ltd & Anor [2012] EWHC 666 (Ch) (16 February 2012)

Berry & Anor v IBS-STL (UK) Ltd & Anor [2012] EWHC 666 (Ch) (16 February 2012)

Section 75F did not apply because the will only gave the residuary estate to such charities as existed at the testatrix's death; IBS had ceased to exist by then, so there was no gift to IBS to be transmuted to the merged entity. Clause 6.3 of the Will applied, allowing trustees to select alternative charities.

Citation
[2012] EWHC 666 (Ch)
Parties
Claimant: Simon Anthony Berry; Claimant: Paul Archer; First Defendant: IBS-STL (UK) Limited (in liquidation); Second Defendant: Her Majesty's Attorney General
Jurisdiction
England and Wales
Judgment Date
16 February 2012
Procedural Posture
Probate/charity / Judgment
Outcome
Application granted. Trustees may exercise discretion under Clause 6.3 to select alternative charitable beneficiaries.
Legal Topics
Construction of Wills, Charity Mergers, Application of Charities Act 1993 Section 75 F, Discretion of Trustees, Cy Près Doctrine
Charity Law Probate Law Construction of Wills Charity Mergers Application of Charities Act 1993 Section 75 F Discretion of Trustees Cy Près Doctrine

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Parties

Simon Anthony Berry

Claimant

Paul Archer

Claimant

IBS-STL (UK) Limited (in liquidation)

First Defendant

Her Majesty's Attorney General

Second Defendant

Procedural Posture

Probate/charity / Judgment

Legal Issues

  1. 1 Whether section 75F of the Charities Act 1993 applies to require payment of a residuary share to the merged charity entity
  2. 2 Whether trustees may exercise discretion under Clause 6.3 of the Will to select alternative charitable beneficiaries

Ratio Decidendi

Section 75F did not apply because the will only gave the residuary estate to such charities as existed at the testatrix's death; IBS had ceased to exist by then, so there was no gift to IBS to be transmuted to the merged entity. Clause 6.3 of the Will applied, allowing trustees to select alternative charities.

Court Disposition

Application granted. Trustees may exercise discretion under Clause 6.3 to select alternative charitable beneficiaries.

Orders

  • Court approves the trustees' proposed distribution of the sixth share of the residuary estate to alternative charities.